Fowler v. Waldrip
Supreme Court of Georgia
Trover, in DeKalb Superior Court. Tried before Judge Hill, March Term, 1851. This was an action of trover, brought by the defendant in error, against the plaintiff in error, for the recovery of a negro woman and child, and their hire. The defendant pleaded the general issue.
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Trover, in DeKalb Superior Court. Tried before Judge Hill, March Term, 1851. This was an action of trover, brought by the defendant in error, against the plaintiff in error, for the recovery of a negro woman and child, and their hire. The defendant pleaded the general issue. On the trial, the plaintiff read in evidence a deed of gift for the negroes, from Edah Fowler, (the mother-in-law of the plaintiff, and the mother of the defendant,) dated the 17th day of February, 1845, attested by Benj. F. Shumate and Lemuel Dean, J. P. and recorded in the Clerk’s office of the Superior Court of DeKalb…
1Opinion of the Court
*354 JBy the Court.
Nisbet, J.
delivering the opinion.
We cannot disturb the verdict upon the ground that it was contrary to evidence. It is claimed that it was found contrary to the evidence in two particulars. First, it is' said that the amount of the hire is contrary to evidence; and to sustain this position, it is insisted that there is no evidence to authorize the finding of as much hire as the verdict gives. It is true that the evidence is not clear; and we doubt whether, as jurors, we could have charged the defendant with as much hire as was given in this case. The weakness of the evidence is…
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